ORDER

Kumkum Rani, Judicial Member II).—This appeal under Section 15 of The Consumer Protection Act, 1986 has been directed against the judgment and order dated 20.08.2015 passed by the learned District Consumer Disputes Redressal Forum, Uttarkashi (hereinafter to be referred as the District Commission) in consumer complaint No. 27 of 2011 styled as Sh. Dalbeer Chand Vs. National Insurance Company Limited, wherein and whereby the complaint was partly allowed.

2. The facts giving rise to the present appeal are as such that the complainant – respondent had filed a consumer complaint No. 27 of 2011 before the District Commission, Uttarkashi against the National Insurance Co. Ltd. alleging that due to accident of his insured vehicle bearing registration No. UA09/5216 Utility during the course of policy risk cover period, he is entitled to get the sum insured value of Rs. 1,57,500/- towards repair charges of accidental vehicle with 12% interest per annum. In the complaint, it is also averred that the above Utility Van belongs to Sh. Birendra Singh Bhandari, which was insured in the name of Sh. Birendra Singh Bhandari, but during the currency of policy, the previous owner sold the vehicle in question to the complainant – respondent and after submitting all the papers before the RTO office, the registration of the vehicle in question was transferred in the name of the complainant. The intimation about the accident of the vehicle in question was also given to the insurance company – opposite party and he was assured that at the time of renewal, the name will be changed in the policy papers. The accident occurred on dated 21.06.2010 of the vehicle in question due to technical defects at Badhangaon, resulting into the death of Sh. Elam Singh and the said vehicle was totally damaged about which a report was lodged to the Police Station Dhrasu and the complainant has also immediately informed about the accident to the opposite party – appellant. The appellant – insurance company deputed a surveyor, who inspected the spot and submitted the assessment report before the office of the appellant, but the insured amount was not paid to the complainant, therefore, this complaint was filed by the complainant.

3. In the written statement, the contention of the policy in the name of Sh. Birendra Singh Bhandari was admitted; it is also admitted that the vehicle in question was goods carrier commercial vehicle which was insured from 22.10.2009 to 21.10.2010. As per the terms and conditions of the insurance policy, it is required that the information about the change of the registered owner should be forwarded to the insurer within 14 days from the date of the transfer order of the name of the registered owner in the Registration Certificate, but the same was not done. Therefore, on account of the violation of the terms and conditions of the policy, the claim of the complainant – respondent was repudiated and the claim was not awarded to the complainant. The complainant is not entitled to get any compensation on account of breach of terms and conditions of the insurance policy, hence the complaint is liable to be dismissed.

4. The District Commission after taking into consideration the material available on record, has passed the impugned judgment and order dated 20.08.2015 wherein and whereby the learned District Commission has held, which is as under:—

(Matter in Other Language)

5. Having been aggrieved by the aforesaid judgment and order, the present appeal has been preferred by the appellant – Insurance Company. It is narrated in the memo of appeal that the impugned judgment and order passed by the Commission below is against law, facts and merits of the case; the learned District Commission has not considered the evidence filed by the appellant. It is further contended that it was mandatory that the complainant should apply an application alongwith requisite fees in the office of the appellant for transfer of the insured’s name in the policy wit